Blimpie International, Inc. Website

BLIMPIE® INTERNET SITE TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

By using the pages in this site, you agree to these terms and conditions. If you do not agree, you should not use this site.

"This website is not a franchise offering. A franchise offering can be made by us only in a state if we are first registered, excluded, exempted or otherwise qualified to offer franchises in that state, and only if we provide you with an appropriate franchise offering circular. Follow-up or individualized responses to you that involve either effecting or attempting to effect the sale of a franchsie will be made only if we are first in compliance with the state registration requirements, or are covered by an applicable states exclusion or exemption."

RESTRICTIONS ON USE
Material from www.blimpie.com and any other World Wide Web site owned, operated, licensed, or controlled by Blimpie International, Inc. or any of its related, affiliated, or subsidiary companies (together, "BLIMPIE") may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of BLIMPIE EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates BLIMPIE intellectual property rights. The material in this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by BLIMPIE. Neither title nor intellectual property rights are transferred to you, but remain with BLIMPIE, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

RESTRICTION OF LIABILITY
BLIMPIE will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. BLIMPIE will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence by BLIMPIE or an authorized BLIMPIE representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. BLIMPIE's total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site.

SUBMISSIONS
All remarks, suggestions, ideas, graphics, or other information communicated to BLIMPIE through this site (together, the "Submission") will forever be the property of BLIMPIE. BLIMPIE will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future BLIMPIE operations. Without limitation, BLIMPIE will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. BLIMPIE will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not BLIMPIE have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

JURISDICTION
Except as described otherwise, all materials in the BLIMPIE site are made available only to provide information about BLIMPIE. BLIMPIE controls and operates this site from its offices in Atlanta, Georgia, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of ) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the U.S. Treasury Department's Specially Designated Nationals list, or (c) the U.S. Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.

DISCLAIMER
The material in this site could include technical inaccuracies or typographical errors. BLIMPIE may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLIMPIE DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLIMPIE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLIMPIE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BLIMPIE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

TERMINATION
BLIMPIE or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all BLIMPIE sites, and (b) all related documentation and all copies and installations (together, the "Materials"). BLIMPIE may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

MISCELLANEOUS
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. BLIMPIE can revise these Terms and Conditions at any time by updating this posting. BLIMPIE products and services are available in many parts of the world. However, the BLIMPIE site may describe products and services that are not available worldwide. These references do not imply that BLIMPIE intends to announce such products, programs or services in your country. This site may be linked to other sites which are not maintained by BLIMPIE. BLIMPIE is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by BLIMPIE of the sites.

TRADEMARK INFORMATION
Blimpie, Blimpie and Design, Blimpie Subs & Salads and Design, Blimpie Best, America's Best Dressed Sandwich, Chili Olé, Crunch-A-Bowl, Zesto Pesto, I Want My Blimpie and It's A Beautiful Thing are registered trademarks and Blimpie Xpress, Blimpie Super Summer, BCC Blimpie Carb Counter Menu and Design, Blimpie Bluffin, Blimpie Blast., Counting Carbs? Count on Blimpie!, Have Blimpie Will Travel and Simply Blimpie and Design are trademarks of or licensed to Blimpie International, Inc. and are the sole property of Blimpie International, Inc. No license to use any of these trademarks is given or implied. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way (except as an integral part of an authorized copy of material appearing in these Web pages, as set forth herein) without prior written permission. Copyright is a form of protection provided by the laws of the United States (Title 17, U.S. Code). Any person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain shall be punished according to the laws as stated in Title 17, U.S. Code.